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DLA to PIP appeal
- Bamboozal
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7 years 3 months ago #179040 by Bamboozal
DLA to PIP appeal was created by Bamboozal
Hi am hopeing someone can advise, will try and be brief.
My friend has claimed DLA high rate mobility for the last 8 yrs with indefinate award and low rate care.
DLA to PIP last yr resulted in standard care and no mobility awarded, he had a RTA in 1998,
fractured skull, brain injury, pelvis, bowel reconstruction the list goes on. He has OA and Fibro,PTSD very limited mobility as recognised in DLA appeal in 2012, wears knee braces, cant walk more tham 5 to 10m on good day, unable to walk at all on bad day. At accessment he was observed walking with help of wife 11 m.Report says otherwise so awarded no points and mentions walking for 5 minutes which is impossible for him.
On looking at his PIP2 form his wife who is also ill and filled in the form for him as he cant convey himself very well due to brain injury, wrote very little in the way of info to each question as they thought it was just a continuation of DLA as they had previously been awarded indefinately. So no GP/ med evidence letter etc accompanied it, mand cond was completed as they didnt agrre but not stating reasons why except that it was all wrong..
I'm trying to help them with their tribunal hearing in 3 wks. My question is do i mention that they were not aware of how to fill in the forms hense lack of information then add a more details of his difficulties with mobility? or just stick to the contracictions of the HP on the report.? Looking at their prev DLA claims everything is there GP letters/ med reports etc for 2008/2012, can i refer to that and their previous successful tribunal as nothing has improved at all infact since then he has had another diagnosis and been refered to the mental health team for help with PTSD?
Any advise would be gratefully received
Many thanks
Bam
My friend has claimed DLA high rate mobility for the last 8 yrs with indefinate award and low rate care.
DLA to PIP last yr resulted in standard care and no mobility awarded, he had a RTA in 1998,
fractured skull, brain injury, pelvis, bowel reconstruction the list goes on. He has OA and Fibro,PTSD very limited mobility as recognised in DLA appeal in 2012, wears knee braces, cant walk more tham 5 to 10m on good day, unable to walk at all on bad day. At accessment he was observed walking with help of wife 11 m.Report says otherwise so awarded no points and mentions walking for 5 minutes which is impossible for him.
On looking at his PIP2 form his wife who is also ill and filled in the form for him as he cant convey himself very well due to brain injury, wrote very little in the way of info to each question as they thought it was just a continuation of DLA as they had previously been awarded indefinately. So no GP/ med evidence letter etc accompanied it, mand cond was completed as they didnt agrre but not stating reasons why except that it was all wrong..
I'm trying to help them with their tribunal hearing in 3 wks. My question is do i mention that they were not aware of how to fill in the forms hense lack of information then add a more details of his difficulties with mobility? or just stick to the contracictions of the HP on the report.? Looking at their prev DLA claims everything is there GP letters/ med reports etc for 2008/2012, can i refer to that and their previous successful tribunal as nothing has improved at all infact since then he has had another diagnosis and been refered to the mental health team for help with PTSD?
Any advise would be gratefully received
Many thanks
Bam
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- Gordon
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7 years 3 months ago #179052 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP appeal
Bam
He will only receive a Mobility award by it being shown that he meets the criteria for one, so the most important thing to do is to explain how his ability to walk is limited and why this is the case, I would recommend having a good look at the sections in the PIP Claim guide that cover "reliably" and "on the majority of days" to help you do this.
I'm not say to ignore the assessment report, but this should be a secondary activity.
It is certainly worth including a short note about the discrepancy between the information included in the PIP and what is presented now as it is likely that he will be asked about this.
You can refer to the previous DLA Tribunal but a word of caution, the requirement for DLA (in simple terms) is that the claimant cannot walk more than 50m, for PIP it is 20m, so it may not offer all of the support that you are looking for.
His submission must be with the Tribunal Service no later than one week before the hearing.
Gordon
He will only receive a Mobility award by it being shown that he meets the criteria for one, so the most important thing to do is to explain how his ability to walk is limited and why this is the case, I would recommend having a good look at the sections in the PIP Claim guide that cover "reliably" and "on the majority of days" to help you do this.
I'm not say to ignore the assessment report, but this should be a secondary activity.
It is certainly worth including a short note about the discrepancy between the information included in the PIP and what is presented now as it is likely that he will be asked about this.
You can refer to the previous DLA Tribunal but a word of caution, the requirement for DLA (in simple terms) is that the claimant cannot walk more than 50m, for PIP it is 20m, so it may not offer all of the support that you are looking for.
His submission must be with the Tribunal Service no later than one week before the hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 3 months ago #179061 by Bamboozal
Replied by Bamboozal on topic DLA to PIP appeal
In the DLA tribunal notes from 2012 it states that he can only walk 5 -10 m and was awarded HR DLA with that so thanks for your advise Gordon much appreciated
Bam
Bam
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